This week the Walnut Creek City Council will get its first official look at the new plans for a Neiman Marcus at Broadway Plaza. But there is no chance this will be the council’s final say on the controversial project.

A public hearing will be held at Tuesday’s council meeting, which begins at 7 p.m. at City Hall, 1666 N. Main St.

A few weeks ago, the Planning Commission recommended the project to the council. Since then, two appeals were filed with the city over the conditional use permit granted by the commission. The permit allows mechanical parking lifts and attendant parking, for employees only, in the five-level garage on South Main Street. It is estimated the lifts would free up 175 parking spaces for customers.

The Macerich Co., which owns Broadway Plaza, filed one of the appeals, citing the “significant” public interest in the project as the reason the council should decide on the permit.

The other appeal was filed on behalf of three residents — Selma King, Ann Hinshaw and former Mayor Ed Dimmick — who are already suing the city over the environmental report being used for the Neiman Marcus project.

Dimmick has harshly criticized city leaders for not seeking alternatives, especially where the parking is concerned.

“The biggest problem with this project, as with any downtown project, is how to provide enough parking in a satisfactory way,” Dimmick said at a planning commission meeting earlier this month. “There is no evidence that use of lifts on this scale is feasible and no evidence that so many lifts will not create more problems than it will solve.”

In the appeal, Dimmick calls the Planning Commission’s approval of the permit “an unlawful abuse of discretion.”

This past fall, in an attempt to get a referendum on the ballot and block the project, signature gatherers were paid by rival mall company the Taubman Group, owner of Sunvalley mall in Concord. Once the required amount of signatures were verified, Macerich withdrew its original plan. Since then the company has worked to explain the new project to residents, community and business leaders and city boards.

The new plan calls for a general plan amendment to allow an additional 48,000 square feet at the corner of Mt. Diablo Boulevard and South Main Street. The two-story, 92,000-square-foot Neiman Marcus store — a smaller project than Broadway Plaza owners’ original 107,000-square-foot proposal. Unlike the previous plan passed by the council, the new one complies with the existing height limit of 35 feet.

More than 1,000 people have attended the various community meetings and open houses held by Macerich in the last few months, said company spokeswoman Patti Hazlett.

The company continues to reach out to residents, including mailers with a response card for supporters of the project to return to Macerich.

“We think this is a really effective way to communicate,” she said. “We heard last fall “… after that bit with (rival mall operator) Taubman, there was a lot of miscommunication. We felt that we needed to do a better.”

Because of the appeals, the council is expected to do a preliminary review of the project and then have a final review of the Neiman Marcus plan May 5, said Steven Buckley, senior planner. That’s also when the appeals will be decided.

If the plan wins approval, and there are no other roadblocks, it would be fall before Neiman Marcus construction would begin. Planned opening fall of 2011.

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